Public Act 0510 101ST GENERAL ASSEMBLY

HB3440 Enrolled LRB101 09525 CPF 54623 b

Public Act 101-0510

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Food, Drug and Cosmetic Act is amended by changing Section 3.15 as follows:

(410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)

Sec. 3.15. To offer for sale any bulk food in a manner other than to prevent direct handling of such items by the consumer. This Section shall not prohibit self-service by consumers provided that the dispensers utilized prevent the direct handling of such foods and that take-home containers, including bags, cups, and lids, provided for consumer use are cleaned, stored, and dispensed in a sanitary manner.

A retailer may allow a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. Personal containers used for this purpose shall be clean and sanitary.

Except as provided under Part 750 of Title 77 of the Illinois Administrative Code, county health departments and municipalities shall not prohibit the ability of a retailer to allow a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food and the personal containers used are clean and sanitary.

(Source: P.A. 84-891.)

Effective Date: 1/1/2020